(no subject)
State V. Scopes
July 13, 1925
Mr. Neal- Does not it prefer the Bible to the Koran?
Gen. Stewart- It does not mention the Koran.
Mr. Malone- Does not it prefer the Bible to the Koran?
Gen. Stewart- We are not living in a heathen country.
Mr. Malone- Will you answer my question? Does not it prefer the Bible to the Koran?
Gen. Stewart- We are not living in a heathen country, so how could it prefer the Bible to the Koran? You forced me then, in advance of the matter I am arguing now, to get down to the absolute basis of the proposition that it is the exercise of the police power; that is the question that is involved. That is what it must turn on.
Mr. Malone- The improper exercise-
Gen. Stewart- The improper exercise of the police power and dictation of what should be taught in the public schools? Mr. Malone- Yes, sir.
Gen. Stewart- Do you say teaching the Bible in the public school is a religious matter?
Mr. Malone- No. I would say to base a theory set forth in any version of the Bible to be taught in the public school is an invasion of the rights of the citizen, whether exercised by the police power or by the legislature.
Gen. Stewart- Because it imposes a religious opinion?
Mr. Malone- Because it imposes a religious opinion, yes. What I mean is this: If there be in the state of Tennessee a single child or young man or young woman in your school who is a Jew, to impose any course of science a particular view of creation from the Bible Is interfering, from our point of view, with his civil rights under our theory of the case. That is our contention.
Gen. Stewart- Mr. Malone, could not he go to school on Friday and study what is given him by the public school; then on Sunday study his Bible?
Mr. Malone- No, he should be given the same right in his views and his rights should not be interfered with by any other doctrine.
Gen. Stewart- It is not an invasion of a man’s religious rights. He can go to church on Sunday or any other day that there might be a meeting, and worship according to the dictates of his conscience. It is not an invasion of a man’s religious liberty or an invasion of a man’s religious rights. That question cannot determine this act. It is a question of the exercise of the police power. That is what it is, and nothing else, and if they undertake to pass an act to state you shall not teach a certain Bible or theory of anything in your churches, an invasion of a private or civil act then, according to my conception of this, it might interfere with this provision of the constitution. But this is the authority, on the part of the legislature of the state of Tennessee, to direct the expenditure of the school funds of the state, and through this act to require that the money shall not be spent in the teaching of the theories that conflict or contravene the Bible story of man’s creation. It is an effort on the part of the legislature to control and direct the expenditure of state funds, which they have the right to do. It is an effort on the part of the legislature to control the public school system, which they have the right to do.
July 13, 1925
Mr. Neal- Does not it prefer the Bible to the Koran?
Gen. Stewart- It does not mention the Koran.
Mr. Malone- Does not it prefer the Bible to the Koran?
Gen. Stewart- We are not living in a heathen country.
Mr. Malone- Will you answer my question? Does not it prefer the Bible to the Koran?
Gen. Stewart- We are not living in a heathen country, so how could it prefer the Bible to the Koran? You forced me then, in advance of the matter I am arguing now, to get down to the absolute basis of the proposition that it is the exercise of the police power; that is the question that is involved. That is what it must turn on.
Mr. Malone- The improper exercise-
Gen. Stewart- The improper exercise of the police power and dictation of what should be taught in the public schools? Mr. Malone- Yes, sir.
Gen. Stewart- Do you say teaching the Bible in the public school is a religious matter?
Mr. Malone- No. I would say to base a theory set forth in any version of the Bible to be taught in the public school is an invasion of the rights of the citizen, whether exercised by the police power or by the legislature.
Gen. Stewart- Because it imposes a religious opinion?
Mr. Malone- Because it imposes a religious opinion, yes. What I mean is this: If there be in the state of Tennessee a single child or young man or young woman in your school who is a Jew, to impose any course of science a particular view of creation from the Bible Is interfering, from our point of view, with his civil rights under our theory of the case. That is our contention.
Gen. Stewart- Mr. Malone, could not he go to school on Friday and study what is given him by the public school; then on Sunday study his Bible?
Mr. Malone- No, he should be given the same right in his views and his rights should not be interfered with by any other doctrine.
Gen. Stewart- It is not an invasion of a man’s religious rights. He can go to church on Sunday or any other day that there might be a meeting, and worship according to the dictates of his conscience. It is not an invasion of a man’s religious liberty or an invasion of a man’s religious rights. That question cannot determine this act. It is a question of the exercise of the police power. That is what it is, and nothing else, and if they undertake to pass an act to state you shall not teach a certain Bible or theory of anything in your churches, an invasion of a private or civil act then, according to my conception of this, it might interfere with this provision of the constitution. But this is the authority, on the part of the legislature of the state of Tennessee, to direct the expenditure of the school funds of the state, and through this act to require that the money shall not be spent in the teaching of the theories that conflict or contravene the Bible story of man’s creation. It is an effort on the part of the legislature to control and direct the expenditure of state funds, which they have the right to do. It is an effort on the part of the legislature to control the public school system, which they have the right to do.